The court has adjourned the hearing of a suit to proceed ex parte. At what stage can the defendant appear and show good cause for the earlier absence under Order IX, rule 7 of the Code of Civil…
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The court has adjourned the hearing of a suit to proceed ex parte. At what stage can the defendant appear and show good cause for the earlier absence under Order IX, rule 7 of the Code of Civil Procedure, 1908?
Within 60 days of the ex parte order
Within 30 days of the ex parte order
At or before the adjourned hearing
At any time before pronouncement of judgment
Answer and explanation
Rule 7 applies at or before the adjourned hearing. If the defendant shows good cause for the previous absence, the court may hear the defendant on terms. Once hearing has concluded and judgment is reserved, this remedy is unavailable.
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